BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100028787 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his prior request for award of the Purple Heart.  As a new issue he requests that his records be corrected to show he was promoted to pay grade E-5 on 17 September 1971.

2.  The applicant states he was injured from a grenade explosion on 4 November 1970 in the Republic of Vietnam.  His picked up an ambush patrol and the eight men placed their equipment on the armored personnel carrier (APC).  As they were driving through a village the first of three hand grenades exploded.  Within seconds of the explosions their medic was at his side.  

3.  The applicant provides:

* two pages from his service medical records
* two pages from his Department of Veterans Affairs (VA) rating decision
* memorandum, dated 25 September 1971, from 1st Battalion, 2nd Infantry, 1st Infantry Division (Mechanized), Fort Riley, KS
* ABCMR Docket Number AR20090019356, dated 13 May 2010

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090019356, on 13 May 2010.
2.  He enlisted in the Regular Army on 26 February 1970 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 28 July 1970 to 28 July 1971.  He was assigned to:

* 1st Battalion, 5th Infantry from 2 August 1970 to 5 April 1971
* Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne from 6 April  to 23 July 1971

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains a lined out entry for fragment wound to his chin and a fractured ear drum. 

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart.  

6.  He submitted a Standard Form (SF) 509 (Clinical Record/Doctor's Progress Notes) indicating in November 1970 he received treatment for a fragment wound to his lower chin and tinnitus and high frequency hearing loss secondary to an explosion.

7.  He submitted an SF 513 (Clinical Record/Consultation Sheet) showing on 
4 November 1970 he was evaluated for tinnitus and high frequency hearing loss.

8.  He submitted a 1st Battalion, 2nd Infantry, 1st Infantry Division (Mechanized) letter, Subject: Recommended Promotion List (E-5-E-6), dated 25 September 1971.  This list shows he was recommended for promotion to E-5 by the local promotion board.  However, there are no orders in his Military Personnel Records Jacket (MPRJ) indicating he was promoted to E-5.

9.  On 13 December 1971, he was released from active duty.  He completed 
1 year, 9 months, and 18 days of active service that was characterized as honorable.  

10.  Item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) of his DD Form 214  shows he was separated as a specialist four/pay grade E-4.


11. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Bronze Star Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

12.  There are no orders in his MPRJ awarding him the Purple Heart.

13.  The applicant's name does not appear on the Vietnam casualty roster.

14.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Purple Heart.

15.  Army Regulation 672-5-1(Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  In his statement he indicates that members of a returning ambush patrol placed their equipment on the APC and later three hand grenades exploded.  He is not clear about the source of the explosions; therefore, it appears the grenades were part of the equipment placed on the APC.  This would make the explosions an accident and not a result of hostile action.

2.  The entries in his SF 509 and SF 513 show he was injured as a result of an explosion but, the source of the explosion, i.e. hostile action, or accident is not identified.

3.  There are no orders in his MPRJ or in ADCARS awarding him the Purple Heart.  Item 40 of his DA Form 20 contains a lined out entry indicating the entry was made in error and he is not listed on the Vietnam casualty listing.  Therefore, there is insufficient evidence to award the Purple Heart in this case.

4.  The Recommended Promotion List (E-5-E-6), dated 25 September 1971, that he submitted only shows he was recommended for promotion to pay grade E-5.  There are no orders in his MPRJ promoting him to E-5.  Therefore, there is an insufficient basis to change his pay grade.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090019356, dated 13 May 2010.

2.  The Board further determined that the evidence presented was insufficient to warrant relief for his new issue.  As a result, the Board recommends denial of so much of the application that pertains changing his pay grade to E-5.  




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100028787



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ABCMR Record of Proceedings (cont)                                         AR20100028787



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